V.N. SINHA, J.:–These three appeals are directed against the judgment/ order dated 29.11.2010/ 07.12.2010, passed by 5th Additional District and Sessions Judge, Nalanda at Bihar Sharif, in Sessions Case No. 109/ 2008 whereunder appellants of Criminal Appeal (SJ) Nos. 28, 157 both of 2011 have been convicted for the offence under Section 304 Part II of the Penal Code and Section 27 of the Arms Act and have been directed to suffer rigorous imprisonment for 10, 3 years with further direction to pay fine of Rs. 5000/-, 3000/- each under the two counts respectively. Both the sentences, however, have been directed to run concurrently. For failure to pay fine no separate sentence has, however, been imposed on the two appellants.

2. Criminal Appeal (DB) No. 154 of 2011 has been filed by the informant of the said case for enhancement of sentence imposed on the two appellants from rigorous imprisonment for 10 years to life sentence.

3. Prosecution case, as set out in the fardbeyan of the informant Ravindra Prasad Azad @ Bobby Singh, resident of Village Fatehpur, Police Station Nalanda, District Nalanda recorded by Sub-Inspector N.L. Choudhary, Station House Officer, Nalanda Police Station on the pitch road in front of Nalanda Police Station on 28.07.2007 at 14.30 hours, is that on the same day around 01.30 P.M. his neighbour appellant Suraj Singh @ Tinku, son of appellant Mohan Singh @ Dhuri Singh was forcibly ploughing his land in the outer area of Village Fatehpur. His father appellant Mohan Singh along with co-villager Sadan Singh, Mukesh Kumar and Rakesh Kumar @ Rakku armed with pistol was maintaining watch standing on the ridge of the plot. Having seen Suraj Singh forcibly ploughing the land informant along with his brother Shailendra Prasad Singh (deceased), uncle Bashisth Kumar Singh (P.W. 2) and Nageshwar Prasad Singh (P.W. 1) came running and asked Suraj Singh not to plough the land. Meanwhile, aforesaid accused persons surrounded the informant and others and began to assault. Sadan Singh assaulted the informant on his temple, rear portion of his head with the butt of his pistol causing oozing of blood. Mukesh Kumar assaulted Nageshwar Prasad Singh (P.W. 1) below his left eye also with the butt of his pistol. Rakesh Kumar @ Rakku threatened to fire. Mohan Singh @ Dhuri Singh instructed his son Suraj Singh to shoot informant and others, who took out pistol from his waist and shot his brother Shailendra Prasad Singh on his throat leading to his fall at the spot. After fall brother of the informant became restless and died after sometime. The accused persons ran away towards west. In the fardbeyan informant further stated that the occurrence took place because of the long standing land dispute with Mohan Singh. Besides the informant, Bashisth Kumar Singh (P.W. 2) also put his signature over the fardbeyan.

4. In the light of the aforesaid fardbeyan Nalanda P.S. Case No. 09/2007 was registered on 28.07.2007 at 15.35 hours for the offences under Sections 302/323/34 of the Penal Code and Section 27 of the Arms Act against the five named accused persons including the two appellants. Station House Officer, Nalanda Police Station, scribe of the fardbeyan, himself took up the investigation of the case. Present First Information Report as also First Information Report of Nalanda P.S. Case No. 10/07 registered on 28.07.2007 at 10.00 P.M. on the basis of the fardbeyan of appellant Mohan Singh recorded by Sub-Inspector Janardan Pandey of Rajgir Police Station on 28.07.2007 at 19.30 hours in the campus of Rajgir Police Station was dispatched on 28.07.2007 but received in the Court of A.C.J.M., Nalanda at Bihar Sharif on 30.07.2007 i.e. after two days of the occurrence/ registration of the First Information Report and its dispatch. Both the aforesaid cases were investigated by Station House Officer Nand Lal Choudhary of Nalanda Police Station. After concluding the investigation of Nalanda P.S. Case No. 10/07 charge-sheet No. 67/07 was submitted on

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